Making arrangements for the children at Christmas

Jenna Atkinson Harrison Drury

As Christmas approaches, the question often comes up in family law as to who is entitled to spend time with the children and when.

It can be difficult for separating families to ensure Christmas remains a special time for the children. Each case is unique, and a child-focused approach is crucial.

There is no specific provision in law for Christmas family arrangements save that child arrangements are governed by the Children Act 1989, section 8. The court will consider a welfare checklist, enshrined in the Act, when considering an application before it.

It is highly recommended that parents firstly try to reach an agreement between themselves to suit their individual circumstances.

If your child is old enough (as a guide, from the age of nine upwards), it is very important that their wishes and feelings are taken into consideration, and this will be given more weight as the child approaches the age of 16.

Court involvement should be a last resort where all other options have been explored and still no agreement has been reached.

The best strategy is to approach the situation as far in advance as possible. The later it is left, the more stressful it will become to resolve the issue.

It is important to open up communication with each other and make realistic suggestions. It is also important to consider the child’s perspective and their wishes and feelings.

Once something has been agreed, it is always vital to follow this up in writing to avoid any future misunderstandings.

If matters cannot be agreed, an alternative form of dispute resolution may be appropriate such as mediation. If all other means have been exhausted then an application to the court may be required to resolve matters so that future arrangements are defined and set out in an order, which will then be legally binding upon both parents.

When the Family Court is asked to make an order in respect of the arrangements for the children, it must not do so unless it would be better for the children than making no order at all. A judge will consider how matters should be resolved to ensure what is in the best interests for the children is determined.

Court lists can be exceptionally busy in December so, if it is clear early resolution of a dispute is unlikely, an early court application should be made.

It is important specialist advice is sought on these issues. If you wish to seek advice regarding Christmas arrangements for your children, or any other family matters, please contact Harrison Drury’s family law team on 01772 258321.

Enjoyed this? Read more from Jenna Atkinson, Harrison Drury

Latest news

1

County council's scaleup support creates more than 100 jobs Scaleup Leaders Network Participants 2022

County council's scaleup support creates more than 100 jobs

26 Jul 2024

2

Group outlines multi-million-pound regeneration plans for Preston Preston 35 Launch

Group outlines multi-million-pound regeneration plans for Preston

26 Jul 2024

3

How to be better than your biggest competitor Neil Burrows 2024 2

How to be better than your biggest competitor

26 Jul 2024

4

Behind the scenes of Root Fifty-Two's Pendleside Hospice refreshed brand Pendleside – 2 (1).jpg.jpg

Behind the scenes of Root Fifty-Two's Pendleside Hospice refreshed brand

26 Jul 2024

5

How to build mental strength How to build mental strength .png.png

How to build mental strength

26 Jul 2024

Bec Web Strip 980x120
Background image for hub sign up block

LBV Hub

Leverage Lancashire Business View platforms

Post your news
Post your events
Post your offers
Build your network
Improve your SEO
Gain coverage in the magazine
Sign-up
Events
Lancashire Built Environment Conference
BEC 315 X 315 Px
Networking
25 Sep 2024

Lancashire Built Environment Conference

Conference and Exhibition Centre, Winter Gardens Blackpool, FY1 1HL

08:30 - 13:00

RISE - The Academy for Female Leaders and Managers
WENDY BOWERS RISE Illustrstion copy.jpg.jpg
LBV Hub Seminars
11 Jun 2024 - 04 Dec 2024

RISE - The Academy for Female Leaders and Managers

East Lancashire Chamber of Commerce, Clayton le Moors, BB5 5JR

09:00 - 16:30

Skills Bootcamp in Procurement - Cohort 1
Blue-Modern-Land-Travel-Youtube-Thumbnail-2-1024x576.png.png
LBV Hub Seminars
30 Jul 2024 - 08 Oct 2024

Skills Bootcamp in Procurement - Cohort 1

Community & Business Partners CIC, Blackburn, BB2 3UA

09:30 - 13:00

Preston Freelancer MeetUp and Coworking Day
Screenshot 2024-06-13 at 13.55.10.png.png
LBV Hub Networking
30 Jul 2024

Preston Freelancer MeetUp and Coworking Day

Society1 Coworking Space, Preston, PR1 3LT

10:00 - 12:00

Scaling your revenue: From zero to £1m in 60 months
CBP-logo LBV.png.png
LBV Hub Webinar
31 Jul 2024

Scaling your revenue: From zero to £1m in 60 months

Online, Online, Online

08:00 - 09:30

Chamber Breakfast Networking
Chamber Logo1.png.png
LBV Hub Networking
31 Jul 2024

Chamber Breakfast Networking

Pye Motors, Morecambe, LA3 3PF

08:00 - 10:00

International Coworking Day Open Day
1.png.png
LBV Hub Social
09 Aug 2024 - 09 Aug 2024

International Coworking Day Open Day

Society1 Coworking Space, Prestin, PR1 3 LT

10:00 - 13:00

Knowledge & Networking: Basic Digital Marketing
Chamber Logo1.png.png
LBV Hub Seminars
12 Aug 2024

Knowledge & Networking: Basic Digital Marketing

Lancaster Golf Club, Lancaster, LA2 0AJ

14:00 - 13:00

Sub36 Networking Event - The Bee Centre
Sub36 Socialbee Centre
Networking
15 Aug 2024

Sub36 Networking Event - The Bee Centre

The Bee Centre, Chorley, PR6 8LZ

15:00 - 17:00

Understanding Menopause
menopause.png.png
LBV Hub Webinar
15 Aug 2024

Understanding Menopause

x, Online, x

12:30 - 13:15

Mini Networkers - Family Fun Morning
CBP-logo LBV.png.png
LBV Hub Networking
16 Aug 2024

Mini Networkers - Family Fun Morning

Community & Business Partners CIC, Blackburn, BB2 3UA

10:00 - 13:00

Morecambe Bay Walk 2024
bay1.jpg.jpg
LBV Hub Fundraisers
17 Aug 2024

Morecambe Bay Walk 2024

Sets off from Arnside, Carnforth, Cumbria Finishes at Grange Promenade, Kents Bank, Arnside, LA3 3LL

15:00 - 17:30

Advertise with us

Reaching 50,000 members, our print, digital and event platforms offer a fantastic way to raise your business profile and help you grow.

Find out more LBV116 Online Graphic
Subscribe now

Weekly news bulletin